EPA v. GENERAL MOTORS CORPORATION - FAIRFAX

Case summary

VIOLATION OF A CONSENT DECREE ENTERED ON 08/27/84, IN THE U.S. DISTRICT COURT FOR KANSAS. THE RELEVANT TERMS OF THE CD WHICH ARE SUBJECT TO REFERRAL ARE SECTIONS ARE SECTIONS III AND VI. SECTION III CONTAINS A COMPLIANCE SCHEDULE FOR COMPLETION OF A PRETREATMENT SYSTEM. THE COMPLIANCE SCHEDULE REQUIRES THAT: BY SEPTEMBER 28, 1985, DEFENDANT SHALL ACHIEVE AND DEMONSTRATE, AND THEREAFTER MAINTAIN, FINAL COM- PLIANCE AT THE PLANT.... ITEM 6 OF THE DETAILED COMPLIANCE SCHEDULE IS: 6. COMPLETE INSTALLATION OF TANKS AND PIPING, TIE-IN IN-PLANT COLLECTIONS SYSTEM; COMPLETE ON-LINE MANUAL OPERA- TION AND ACHIEVE AND DEMONSTRATE COMPLAINCE BY 09/28/85,... USING THE FINAL TREATMENT SYSTEM WHICH DEFENDANT WILL OPER- ATE FOR THE DURATION OF THE DECREE (EMPHASIS ADDED). PURSUANT TO THE DECREE, GMC DEMONSTRATED COMPLIANCE AS SPECIFIED BY TERMS OF THE DECREE; TO-WIT: COLLECTED SIX COMPOSITE SAMPLES WITHIN THE 2 WEEK PEROID PRIOR TO 09/29/85 THE RESULTS OF THESE SAMPLINGS WERE RECEIVED BY EPA 09/16/85 AND 10/07/85. BY LETTER DATED 06/04/86, GMC'S FAIRFAX PLANT MGR, A.M. BEIRNE, NOTIFIED REGION VII THAT ON 05/01/86, GMC DISCOVERED ELEVATED LEVELS OF ZINC, CHROMIUM AND LEAD IN ONE SAMPLE OF THE FINAL WASTEWATER EFFLUENT FROM THE FAIRFAX PLANT TO AN ERRANT DISCHARGE FROM THE PLANT'S SHEET METAL ELECTROPLAT- ING PROCESS TO THE SANITARY SEWER. WHEN THE SOURCE OF THE PROBLEM WAS DISCOVERED, GMC MADE A DIVERSON OF THE DISCHARGE TO THE NEW PRETREATMENT PLANT AND BY 05/07/86, COMPLETED THE PERMANENT TIE-IN. UNDER TERMS OF THE CD, SECTION VI, GMC AGREED TO PAY $20,000 PER DAY FOR EACH DAY FROM 09/28/85 TO 05/07/86, EXCEPT FOR ANY PERIOD DURING WHICH THE PLANT WAS SHUT DOWN. BY LETTER DATED 08/28/86, REGION VII NOTIFIED GMC THAT A STIPULATED PENALTY MUST BE PAID FOR THESE VIOLATIONS AND SUGGESTED A MEETING TO DISCUSS SETTLEMENT. GMC'S LOCAL COUNSEL CALLED & MEETING WAS SET FOR 9/4/86 AT THAT MEETING, GMC.S ENVIRONMENTAL ENGINEER DESCRIBED THE PROCESS OF CONSTRUCTION, PRESENTED COPIES OF CONTRACTORS' LOGS & DETAILED BLUEPRINTS COVERING THE CONSTRUCTION DONE. ALTHOUGH THE LOGS SHOWED CONSTRUCTION WORK IN THE AREA, APPARENTLY IT WAS NOT COMPLETED AS REQURIED, I.E. A TIE-IN MADE, & THE SHEET METAL ELECTROPLATING WASTEWATER CONTINUED TO FLOW UNTREATED TO THE SANITARY SEWER & ULTIMATELY THE KC, KS, KAW POINT WWTP. THIS WAS NOT DISCOVERED UNTIL ANAL- YTICAL RESULTS OF A 03/26/86, SAMPLING WAS DONE AT A POINT CALLED FINAL MANHOLE A . THIS POINT CONTAINS THE COMBINED FLOWS, SANITARY AND PRETREATMTNE, FOR THE FAIRFAX PLANT. GMC'S POSITION IS THEY COULD NOT HAVE DISCOVERED THE ERRANT DISCHARGE BECAUSE THEY SAMPLED IN ACCORDANCE WITH THE CD, I.E. AT THE DISCHARGE FROM THE PRETREATMENT PLANT, WHICH ANALYTICAL RESULTS SHOWED COMPLIANCE, THEREFOR, GMC.S CULP- ABILITY IS NEGLIGIBLE. AT THE 9/4 MEETING, EPA REQUESTED A COPY OF GMC'S SUG- GESTED SELF-MONITORING PRACTICES WHICH IS ALLUDED TO IN MR. BEIRNE'S 6/4 LETTER. A GMC REPRESENTATIVE STATED THIS BULLETIN WAS ISSUED IN 1981 AND SUGGESTED THAT COMPLETE SAMPLING EXERCISES WITH PRIORITY POLLUTANT ANALYTICAL WORK BE DONE 'EVERY SIX MONTHS. AT THE MEETING, GMC'S DETROIT COUNSEL SUGGESTED IT PROBABLY WOULD NOT BE A PROBLEM PROVID- ING A COPY OF THAT MEMO. HOWEVER, HE CALLED EPA COUNSEL ON 9/15 AND ADVISED GMC WAS UNWILLING TO SUBMIT A COPY OF THIS MEMO BECAUSE IT WOULD SET A PRECEDENT. THE REGION RUQUESTED & RECEIVED COPIES OF KC, KS' SAM- PLING & ANALYTICAL RESULTS ON GMC'S DISCHARGES. IN 2/86, THE CITY TOOK GRAB SAMPLES OF FINAL MONHOLE A WHICH SHOWED VIOLATIONS OF PRETREATMENT STANDARD

Defendants (1)

• GENERAL MOTORS CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• GENERAL MOTORS CORPORATION

  100 KINDELBERGER ROAD, KANSAS CITY, KS, 66115

  Registry ID: 110002128242

Statutes cited

• CWA 309 — Violation of Existing AO
• CWA 301/307 — Effluent Limitations - NPDES Toxic & Pretreatment Effluent Standards

Enforcement conclusions (1)

• GENERAL MOTORS CORPORATION - FAIRFAXentered 1988-01-22

  Primary law: CWA

  Federal penalty: $130,000

Timeline (7 milestones)

• 1986-09-19Enforcement Action Data Entered
• 1986-09-30Referred To Dept Of Justice
• 1987-04-15Complaint Filed With Court
• 1988-01-22Final Order Entered
• 1988-01-22Concluded
• 1988-01-22Final Order Lodged
• 1988-03-01Enforcement Action Closed